To facilitate efficient State implementation of ground-level ozone standards, and for other purposes.
Ozone Standards Implementation Act of 2016
This bill amends the Clean Air Act by revising the National Ambient Air Quality Standards (NAAQS) program.
(Sec. 2) The bill delays the implementation of the ozone NAAQS that were published in 2015. The bill extends until: (1) October 26, 2024, the deadline for states to submit designations to implement the 2015 ozone NAAQS; and (2) October 26, 2025, the deadline for the Environmental Protection Agency (EPA) to designate state areas as attainment, nonattainment, or unclassifiable areas with respect to the 2015 ozone NAAQS. States must submit a state implementation plan (SIP) by October 26, 2026, to implement, maintain, and enforce the 2015 ozone NAAQS.
The bill exempts from the 2015 ozone standards certain preconstruction permit applications that were completed or submitted before a final designation was made.
(Sec. 3) The bill also changes the review cycle for criteria pollutant NAAQS from a 5-year review cycle to a 10-year review cycle. The EPA may not complete its next review of ozone NAAQS before October 26, 2025.
The EPA may consider, as a secondary consideration, likely technological feasibility in establishing and revising NAAQS for a pollutant if a range of air quality levels for such pollutant are requisite to protect public health with an adequate margin of safety.
Prior to establishing or revising NAAQS, the EPA must obtain advice from its scientific advisory committee regarding potential adverse public health, welfare, social, economic, or energy effects which may result from attaining and maintaining NAAQS.
The EPA must publish regulations and guidance for implementing NAAQS concurrently with the issuance of a new or revised standard. New or revised NAAQS shall not apply to preconstruction permits for constructing or modifying a stationary source of air pollutants until those regulations and guidance have been published.
The bill provides that in Extreme Ozone Nonattainment Areas, contingency measures are not required to be included in nonattainment plans. Technological achievability and economic feasibility must be taken into consideration in plan revisions for milestones for particulate matter nonattainment areas.
The bill redefines "exceptional events," by including stagnation of air masses that are not ordinarily occurring.
The EPA must: (1) report on foreign emissions and their impact on compliance with the NAAQS program in the United States, (2) study and report on the atmospheric formation of ozone and effective control strategies, and (3) incorporate the results of the study into rules and guidance implementing the 2015 ozone standards.
(Sec. 5) The bill specifies that no additional funds are authorized for carrying out the requirements of this bill.
Referred to the Subcommittee on Energy and Power.
Committee on Environment and Public Works Senate Subcommittee on Clean Air and Nuclear Safety. Hearings held. With printed Hearing: S.Hrg. 114-363.
Motion to reconsider laid on the table Agreed to without objection.
DEBATE - Pursuant to the provisions of H.Res. 767, the Committee of the Whole proceeded with 10 minutes of debate on the Rush amendment No. 2.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Rush amendment No. 2, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Rush demanded a recorded vote and the Chair postponed further proceedings on adoption of the amendment until later in the legislative day.
DEBATE - Pursuant to the provisions of H.Res. 767, the Commitee of the Whole proceeded with 10 minutes of debate on the Pallone amendment No. 3.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Pallone amendment No. 3, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Pallone demanded a recorded vote and the Chair postponed further proceedings on adoption of the amendment until later in the legislative day.
DEBATE - Pursuant to the provisions of H.Res. 767, the Committee of the Whole proceeded with 10 minutes of debate on the Gosar amendment No. 4.
DEBATE - Pursuant to the provisions of H.Res. 767, the Committee of the Whole proceeded with 10 minutes of debate on the Polis amendment No. 5.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Polis amendment No. 5, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Polis demanded a recorded vote and the Chair postponed further proceedings on adoption of the amendment until later in the legislative day.
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DEBATE - Pursuant to the provisions of H.Res. 767, the Committee of the Whole proceeded with 10 minutes of debate on Norton amendment No. 6.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Norton amendment No. 6, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Ms. Norton demanded a recorded vote and the Chair postponed further proceedings on adoption of the amendment until later in the legislative day.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 4775.
The previous question was ordered pursuant to the rule. (consideration: CR H3535, H3537)
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text of amendment in the nature of a substitute: CR H3525-3526)
Mr. Rush moved to recommit with instructions to the Committee on Energy and Commerce. (consideration: CR H3535-3537; text: CR H3535)
DEBATE - The House proceeded with 10 minutes of debate on the Rush motion to recommit with instructions, pending a reservation of a point of order. The instructions contained in the motion require the bill be reported back to the House with an amendment to repeal the delay of the EPA's ozone rule if the Administrator finds that implementing the delay would increase the risk of various health issues. Subsequently, the reservation of the point of order was withdrawn.
The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H3536)
On motion to recommit with instructions Failed by recorded vote: 173 - 239 (Roll no. 281).
Roll Call #281 (House)Passed/agreed to in House: On passage Passed by the Yeas and Nays: 234 - 177 (Roll no. 282).
Roll Call #282 (House)On passage Passed by the Yeas and Nays: 234 - 177 (Roll no. 282).
Roll Call #282 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.